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Abstract
Fighting the IRS on just one front is difficult, but battling the tax authorities in multiple procedures at the same time can be downright challenging, not to mention expensive, time-consuming, and frustrating. Unfortunately for taxpayers with international aspects, defending themselves against the IRS often requires participation in several administrative or judicial actions, even though the proposed taxes and penalties all arise from the same set of facts. A perfect example of this phenomenon is Flume , a recent Tax Court case focusing on whether the taxpayers had a duty to file Forms 5471 ( Information Return of US Persons with Respect to Certain Foreign Corporations ) to report certain foreign entities and whether the IRS was entitled to pursue levy actions to secure payment of the relevant penalties. This article examines a long list of interesting tax, legal, and procedural issues that are relevant not only to Flume but also to all taxpayers with interests in foreign accounts, foreign entities, and/or other foreign assets.